MHProNews.com has learned about another case of what seems to be a local town overstepping their jurisdiction’s authority. WSBTV in Georgia reports on a story at Mountain Park George, in North Fulton County, where an effort is being made to pass a local law that bans ‘mobile homes.’ The video shows examples of homes that may indeed be pre-HUD Code mobile homes that would be the subject of the proposed ban, but also shows homes that in fact are manufactured homes built to the federal manufactured housing construction standards established by Congress that went into effect in June 15, 1976, known as ‘the HUD Code.’ The HUD Code, which notably was strengthened by the Manufactured Housing Improvement Act of 2000 (MHIA 2000), specifically preempts states and local jurisdictions from acting in this fashion. “The local officials don’t seem to understand either the federal law, or the fact that unlevel ground can be leveled so that a manufactured home can be permanently placed on it,” said MHProNews publisher Tony Kovach. “An excuse is an excuse, no matter how it is phrased or packaged. But ignorance of the law is no excuse, and based on what some association and legal sources have told me, this town is crossing the line on federal law as it applies to HUD Code manufactured housing.” Kovach said.
(Editor’s Note: This is one of many reasons why the MH Industry must organize an effort that gets to the root of issues such as these, as we are getting reports of more such legal efforts by local jurisdictions in varying states that overstep the federal preemption that manufactured housing legally enjoins.)
(Video credit: WSBTV2)